涉讼司法鉴定收费制度的检视与重构

Review and Reconstruction of the Charge System of Forensic Science

我国司法鉴定机构正经历着体制性的变革,司法鉴定事务的逐步立法规范,新的运作方式使现在的鉴定机构已成为市场主体,鉴定人也成为从鉴定费中获取收益的个体。过高的鉴定费用成为公民运用法律保护其合法权益的瓶颈,因而对鉴定费规制问题必须引起足够的重视。我国鉴定费问题突出表现在收费法律依据、收费标准、收费管理以及司法鉴定法律援助几个方面。鉴定费的收取制度应沿此问题的解决路径出发进行建构,其实质是公民诉权的保障和合法权益的维护。

Forensic institutions in China are experiencing the change of the institutional norms of Forensic science. The legislation and the new mode of operation make the present identification institution to become the main player in the market, and the identification expert has become an individual who also benefits from the appraisal fee. Excessive appraisal fees become the bottleneck for citizens to use the law to protect their legitimate rights and interests. Therefore, we must attach great importance to the regulation of the appraisal fee. The issues regarding the appraisal fee involve the charge basis, the charge criteria, the charge management and the forensic legal aids. The identification charge system should be constructed with the solution to this problem, essentially protecting and safeguarding citizen＇s legitimate rights and interests as well as citizen＇s right of action.